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Asked 7/28/2010

401K Forgery

If a person forges their spouses signature in order to liquidate a 401K, is the company liable , in this case Fidelity, or does the spouse have to go after their spouse in court?

 
 
 
 
 
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Answer 1/2 - Submitted 7/28/2010

It depends on if you gave your wife permission to take out the money or you gave some kinda permission to let your wife take the money from fidelity you would have had to sign a agreement now if there was none of this you can go after them meaning fedelity and your ex wife

 
 

Answer 2/2 - Submitted 7/28/2010

Unless the account was in joint ownership, which is doubtful, the administrator for the plan is responsible to ensure that the plan's owner withdraws or terminates the plan. The only way a second person can legally withdraw the plan is with a court order or power of attorney. If the plan was administered by Fidelity, they are responsible for complaince and could be held accountable in a court of law.

 
 
 
 
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